110 So. 3d 59
Fla. Dist. Ct. App.2013Background
- Williams was stopped for speeding on an interstate; officers detected a strong marijuana odor from the car and found a black bag behind the rear seat in the hatchback.
- Inside the bag were marijuana, crack cocaine, open sandwich bags, and two digital scales; no fingerprints were lifted from the bag or items.
- The car was rented in Williams’ name, but she shared it with two passengers and was driving it; the items found were not tied to her personally.
- The State charged three counts: possession of cannabis with intent to sell, possession of cocaine with intent to sell, and possession of drug paraphernalia; defense moved for judgment of acquittal, which the trial court denied.
- The jury acquitted Williams of the cocaine and paraphernalia counts and convicted her only of cannabis possession; on appeal, the focus is on whether there was sufficient evidence of constructive possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports constructive possession of marijuana | Williams argues there was insufficient proof she had dominion and control | State asserts proximity and knowledge suffice to show dominion and control | No; insufficient evidence of dominion and control; judgment of acquittal reversed |
Key Cases Cited
- K.A.K. v. State, 885 So.2d 405 (Fla. 2d DCA 2004) (proximate presence alone not enough to prove knowledge and control; independent proof required when not in exclusive possession)
- Woods v. State, 765 So.2d 255 (Fla. 2d DCA 2000) (analogous where driver/occupant lacked independent evidence of dominion over contraband)
- Hargrove v. State, 928 So.2d 1254 (Fla. 2d DCA 2006) (driver’s possession not shown where others could have dominion over contraband)
- Green v. State, 667 So.2d 208 (Fla. 2d DCA 1995) (proximity without dominion insufficient for constructive possession)
- Hanania v. State, 855 So.2d 92 (Fla. 2d DCA 2003) (probation violation context; proximity alone not proof of knowledge or dominion)
- Culver v. State, 990 So.2d 1206 (Fla. 2d DCA 2008) (state must prove knowledge and dominion; proximity alone fails)